Current through August, 2024
(a) The commission
or its enforcement officer may issue a civil citation to any person:
(1) Acting in the capacity of or engaging in
the business of a public utility, motor carrier, or water carrier within the
State, without having a license or other authority previously obtained from the
commission, authorizing it to engage or conduct business as a public utility,
motor carrier, or water carrier in the State; or
(2) Violating, allegedly violating, or
suspected of violating any regulatory law.
(b) Service of a citation shall be made by
personal service whenever possible, or by certified mail, restricted delivery,
sent to the last known business or residence address of the person
cited.
(c) The citation may contain
an:
(1) Order of abatement; and
(2) Assessment of civil penalties, pursuant
to section 16-608-22.
(d)
The citation may require the person cited to appear before the commission on
the date and at the time and place specified in the citation and to state
whether the person contests or admits to the alleged or suspected violation.
(1) If the person cited appears before the
commission on the appearance date and contests the citation, the commission
shall schedule a chapter
91, HRS, hearing on the
citation.
(2) If the person cited
appears before the commission on the appearance date and does not contest the
citation, the commission shall dispose of the citation as authorized by law,
which may include the assessment of a civil penalty, pursuant to section
16-608-22, and the citation is deemed a final order of the commission. If a
civil penalty is assessed, the person cited will be issued a bill for
collection requiring payment within fifteen days from the appearance date. If
payment is not received by the commission within the fifteen day period, the
person cited will be issued a second bill for collection requiring payment
within fifteen days from the date of the second bill for collection. A
respondent who fails to make payment of the civil penalty to the commission
within fifteen days from the date of the second bill for collection is in
default, pursuant to section 16-608-23(c).
The respondent's appearance before the commission on the
date and at the time and place specified in the citation to state whether the
respondent contests or admits to the alleged or suspected violation, is a
preliminary appearance and is not a chapter
91, HRS, hearing, This preliminary
appearance before the commission may be conducted by the commission or by a
hearings officer appointed by the chairperson.
(e) Failure to appear before the commission
on the specified preliminary appearance date constitutes a default, pursuant to
section 16-608-23(a); provided that for good cause shown, a respondent may, at
least five days before the appearance date specified in the citation, seek in
writing the commission's approval to continue the appearance date set forth in
the citation. If the respondent's request for continuance is approved, the
respondent shall appear before the commission on the new appearance date
specified by the commission. If the respondent's request for continuance is
denied, the respondent shall appear before the commission on the appearance
date specified in the citation,- the respondent's failure to appear before the
commission on the specified appearance date constitutes a default, pursuant to
section 16-608-23(a).
(f) If the
citation does not specify a preliminary appearance date requiring the person
cited to appear before the commission as specified in subsection (d);
(1) The person cited must pay the civil
penalty assessed in the citation within fifteen days from the receipt of the
citation. If the person cited fails to make payment within fifteen days from
the receipt of the citation and does not submit a timely written request to the
commission for a hearing under paragraph (2), the citation is deemed a final
order of the commission and the person cited will be issued a bill for
collection requiring payment within fifteen days from the date of the bill for
collection. If payment is still not received by the commission within fifteen
days from the date of the bill for collection, the person cited will be issued
a second bill for collection requiring payment within fifteen days from the
date of the second bill for collection. Failure to make payment of the civil
penalty to the commission within fifteen days from the date of the second bill
for collection constitutes a default, pursuant to section 16-608-23(c);
or
(2) The person cited may contest
the citation by submitting a written request to the commission for a hearing
within twenty days from the receipt of the citation. Upon the receipt of a
timely request for a hearing, the commission shall schedule a hearing on the
citation pursuant to section
271-31(a),
HRS, and chapter
91, HRS. The hearing may be conducted
by the commission or by a hearings officer appointed by the chairperson.
Failure of respondent to appear before the commission on the specified hearing
date constitutes a default, pursuant to section 16-608-23(a); provided that for
good cause shown, a respondent may, at least five days before the specified
hearing date, seek in writing the commission's approval to continue the hearing
date specified by the commission. If the respondent's request for continuance
is approved, the respondent shall appear before the commission on the new
hearing date specified by the commission. If the respondent's request for
continuance is denied, the respondent shall appear before the commission on the
hearing date specified by the commission; the respondent's failure to appear
before the commission on the specified hearing date constitutes a default,
pursuant to section 16-608-23(a).
